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Home My WebLink About2002-370 . 1 RESOLUTION NO. 2002-370 2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A COOPERATIVE AGREEMENT BETWEEN THE CITY OF SAN 3 BERNARDINO AND THE CITY OF WMA LINDA FOR TRAFFIC SIGNAL 4 IMPROVEMENT AT ANDERSON STREET AND TIPPECANOE AVENUE. 5 6 7 8 9 10 11 12 13 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLWWS: SECTION 1. The Mayor of the City of San Bernardino is hereby authorized and directed to execute on behalf of said City, a Cooperative Agreement (attached as Attachment "I" and incorporated herein) with the City of Lorna Linda for traffic signal improvement at Anderson Street and Tippecanoe Avenue, SECTION 2. The authorization to execute the above referenced agreement is rescinded if the parties to the agreement fail to execute it within sixty (60) days of the passage 14 of this resolution, 15 III 16 III 17 18 19 20 21 22 23 24 25 26 27 28 - I - 2002-370 . ' -. RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE' 1 EXECUTION OF A COOPERATIVE AGREEMENT BETWEEN THE CITY OF SAN 2 BERNARDINO AND THE CITY OF LOMA LINDA FOR TRAFFIC SIGNAL IMPROVEMENT AT ANDERSON STREET AND TIPPECANOE AVENUE. 3 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and j t. 5 Common Council of the City of San Bernardino at a reg. meeting thereof, held on the 2nd 6 4 day of December , 2002, by the following vote, to wit: 19 20 21 The foregoing resolution is hereby approved this ~n/_ day of December, 2002, 22 23 Approved as to 24 form and legal content: 25 26 27 JAMES F, PENMAN, City Attorney 28 By: L 1,f~ () - 2- , 2002-370 ATTACHMENT "1" COOPERATIVE AGREEMENT FOR TRAFFIC SIGNAL IMPROVEMENT AT ANDERSON STREET AND TIPPECANOE A VENUE Between THE CITY OF LOMA LINDA AND THE CITY OF SAN BERNARDINO AGREEMENT This Agreement is made and entered into this ~ day of December , by and between the CITY OF LOMA LINDA, herein referred to as "LOMA LINDA" and the CITY OF SAN BERNARDINO, herein referred to as "SAN BERNARDINO", RECITALS I) LOMA LINDA and SAN BERNARDINO desire to participate in a construction project for Traffic Signal Interconnect at Anderson Street/Tippecanoe Avenue from Hospitality Lane to University Court and installation of protectedlpermissive left turn phasing at 1-10 eastbound ramps, 1-10 westbound ramps and Redlands Blvd (hereinafter "PROJECT") , 2) LOMA LINDA and SAN BERNARDINO desire to specify the terms of participation in the costs to engineer and construct the planned improvements, SECTION I LOMA LINDA agrees: 1) To provide all necessary design, including plans, specifications, utility identification and location, and all necessary construction engineering services for PROJECT; To prepare contract documents and provide said contract documents to SAN BERNARDINO for review and approval. Such contract documents shall include appropriate provisions requiring contractor to provide insurance and indemnification provisions satisfactory to LOMA LINDA and SAN BERNARDINO; 2) To submit to the City Engineer of SAN BERNARDINO, for plan check and approval, all plans, specifications and construction estimates for the portions of PROJECT within the City Limits of SAN BERNARDINO; 3) To advertise and solicit bids for PROJECT in accordance with state and local laws; 2002-370 Cooperative Agreement for the Traffic Signal Improvement at Anderson Street and Tippecanoe Avenue Page 2 of 6 ATTACHMENT "1" 4) To provide to the City Engineer of SAN BERNARDINO a set of bid plans and specifications and to invite said City Engineer to any mandatory pre- bid "Job Walk" with contractors, the bid opening, and the pre-construction conference; 5) To provide copies of all bids to SAN BERNARDINO and, if bids indicate that a cost overrun of no more than fifteen percent (IS %) of the estimate will occur, to award the contract to the lowest responsible bidder, after consultation with the City Engineer of SAN BERNARDINO, LOMA LINDA shall retain the power to reject all bids in accordance with this agreement; 6) If, upon opening of the bids, it is found that a cost overrun exceeding fifteen percent (15 %) of the estimate will occur, LOMA LINDA and SAN BERNARDINO shall endeavor to agree upon an alternative course of action, If, after 30 days, an alternative course of action is not agreed upon, this Agreement shall be deemed to be terminated by mutual consent; 7) To provide SAN BERNARDINO proof of Liability Insurance for LOMA LINDA's Contractor covering injury or damage to persons or property arising out of work for which legal liability may be found to rest upon LOMA LINDA's Contractor in a minimum amount of $1,000,000,00 and naming SAN BERNARDINO as additional insured on the policy; 8) To obtain a "no fee" Public Works Construction Permit from the City Engineer of SAN BERNARDINO prior to start of any construction within the City Limits of SAN BERNARDINO; 9) Prior to, or concurrent with, the start of construction, to install information signs at entry points mutually agreeable to both LOMA LINDA and SAN BERNARDINO identifying the project as "A cooperative project between the City of LOMA LINDA and the City of SAN BERNARDINO", or similar wording agreeable to both agencies; 10) To permit inspection of the portion of the work within the City Limits of SAN BERNARDINO by the City Engineer of SAN BERNARDINO, or his duly appointed representative, during all phases of the work; II) To obtain approval of the City Engineer of SAN BERNARDINO prior to approval of any Change Order that will increase the cost of PROJECT to SAN BERNARDINO; 12) To pay a percentage of the design, construction engineering and construction costs, as shown on Exhibit "A", PROJECT COST 2002-370 " Cooperative Agreement for the Traffic Signal Improvement at Anderson Street and Tippecanoe Avenue Page 3 of 6 ATTACHMENT "1" ESTIMATE, to be amended following final cost accounting, based on the proportional share of the PROJECT cost in each jurisdiction; 13) Concurrent with award of construction contract for PROJECT, to bill SAN BERNARDINO for 85% of SAN BERNARDINO's proportional share of the cost of PROJECT based on the estimated total design, construction and construction engineering costs as shown in Exhibit" A", PROJECT COST ESTIMATE; 14) To furnish promptly to SAN BERNARDINO upon completion of PROJECT and all work incidental thereto, a report containing a detailed statement of the total engineering and construction costs to be borne by SAN BERNARDINO, including resolution of any construction related claims which may have been filed by LOMA LINDA's contractor; 15) Concurrent with filing of a "Notice of Completion" for project, to submit a final bill to SAN BERNARDINO for the balance of SAN BERNARDINO's share of the cost of PROJECT based on the detailed statement of total engineering and construction costs; 16) To furnish promptly upon completion of PROJECT, "As Built" plans for PROJECT; 17) To retain or cause to be retained for audit for SAN BERNARDINO or other government auditors for a period of three (3) years from the date of final payment all records and accounts relating to construction of the PROJECT; 18) To indemnify, defend, and hold harmless SAN BERNARDINO and their agents, officers and employees from and against any and all liability, expense and claims for damages of any nature whatsoever, including, but not limited to, bodily injury, death, personal injury, or property damages arising from or connected with LOMA LINDA's operations, or its performance under this Agreement. SECTION II SAN BERNARDINO agrees: 1) To pay LOMA LINDA that percentage of the construction engineering and construction costs, as SAN BERNARDINO's proportional share, as shown on Exhibit" A", PROJECT COST ESTIMATE, to be amended following final cost accounting, based on the proportional share of the cost of PROJECT in each jurisdiction, to a maximum amount not to exceed $31,700; , , : 2002-370 " ATTACHMENT "I" Cooperative Agreement for the Traffic Signal Improvement at Anderson Street and Tippecanoe A venue Page 4 of 6 2) To promptly render payment for all billings submitted by LOMA LINDA in accordance with this agreement; 3) Prior to award of the construction contract for PROJECT, and in sufficient time to allow LOMA LINDA to reject all construction bids therefore, SAN BERNARDINO may terminate this Agreement in writing, provided that SAN BERNARDINO reimburses LOMA LINDA for proportionate costs incurred by LOMA LINDA under this agreement prior to termination; 4) If termination of this Agreement is by mutual agreement, SAN BERNARDINO will bear its proportionate share of all costs incurred prior to termination based on the Engineers Estimate of the cost of the portion of PROJECT in the City Limits of SAN BERNARDINO; 5) To indemnify, defend, and hold harmless LOMA LINDA and their agents, officers and employees from and against any and all liability, expense and claims for damages of any nature whatsoever, including, but not limited to, bodily injury, death, personal injury, or property damages arising from or connected with SAN BERNARDINO's operations, or its performance under this Agreement. SECTION III It is mutually agreed: IIIIIII IIIIIII IIIIIII I I II I I I 1) This Agreement will be construed and enforced under the laws of the State of California; 2) This Agreement may be executed in counter parts, each of which will be deemed to be an original for all purposes but all of which will constitute one in the same agreement. ~ .' 2002-370 Cooperative Agreement for the Traffic Signal Improvement at Anderson Street and Tippecanoe A venue Page 5 of 6 ATTACHMENT "1" IN WITNESS WHEREOF, said parties have caused this instrument to be officially executed and attested by their duly constituted officers, APPROVED: Floyd , Mayor ATTEST: ~/o) ~-ru-o -() 'u~d-. Pamela Byrne -O'Camb, City Clerk ~ APPROVED AS TO FORM: ~~~~ /' Richard Holdaway, City Attoyt\ey CITY OF SAN BERNARDIN APPROVED: ,~h.~ Racliel Clark, City Clerk ATTEST: APPROVED AS TO FORM AND LEGAL CONTENT: . 2002-370 ATTACHMENT "1" I' , EXHIBIT "A" PROJECT COST ESTlMA TE TRAFFIC SIGNAL IMPROVEMENT AT ANDERSON STREET/TIPPECANOE A VENUE SAN LOMA LINDA DESCRIPTION TOTAL AMOUNT BERNARDINO SHARE SHARE* Proportional Share of Cost in 100% 19,77% 80,23% City Limits Design Cost $52,800 $0% $52,800 Construction $98,505 $29,000 $69,505 Contract Construction Engineering & $9,000 $2,700 $6,300 Inspection Total Project Cost $160,305 $31,700 $128,605 *Maximum participation by SAN BERNARDINO shall not exceed $31,700, 1:IPublic Works AdminIAGREEMENTS-CITY CLERKI!l Agr Traffic Signal Anderson-Tippecanoe,doc